At the national level, Indian government acquired itself unregulated, illegal and unconstitutional e-surveillance, Internet censorship and website blocking powers with no procedural safeguards. The information technology act, 2000 (IT Act 2000) was amended through the information technology amendment act 2008 (IT Act 2008) and this amendment gave unconstitutional and illegal powers to Indian government and its agencies. With the notification of the IT Act, 2008, the journey from welfare state to a police state was completed for India.

Human Rights in Cyberspace are outlawed in India, says Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and leading techno legal expert of India. In fact, the IT Act, 2008 has made the sole Cyber Law of India susceptible to the attacks of “Unconstitutionality” as it is now openly and blatantly violating various Fundamental Rights as incorporated in the Constitution of India, informs Dalal.